If you are involved in a boat accident in Grapevine, you could be facing serious financial strain. If your injuries were significant, you might have a large number of medical bills. The damage to your boat could also be costly. While dealing with these expenses is never simple, missing time away from work due to a boat accident injury can further complicate your situation.
If another person is responsible for the boat accident, you are entitled to seek compensation from them with the help of a skilled personal injury lawyer. Your attorney could assist you in investigating your claim and building a winning case. Maximizing your compensation could be possible by working with a Grapevine boat accident lawyer.
Negligence in a Boat Accident
To successfully recover damages follow a boat accident, a plaintiff and their Grapevine attorney must prove the defendant acted negligently. There are many ways negligence can occur on the water. Many boaters are inexperienced, while others could be intoxicated. These conditions could be complicated further by reckless boating maneuvers. These could include driving too fast or too close to other boats.
Proving negligence in a boat accident requires a plaintiff to establish four elements. First, they must show the defendant owed them a duty of care. When these accidents involve other boaters, establishing this duty can be straightforward. Much like with motorists on public roadways, boat operators also owe each other a duty to drive safely.
The second element involves proving the defendant violated their duty to a plaintiff. Any careless, reckless, or intentional act that causes a boat accident could qualify.
The third element to demonstrate negligence is referred to as causation. A defendant in a boat accident lawsuit is only responsible for injuries that occur as a result of their negligent acts.
Finally, a plaintiff must have recoverable damages in order to obtain financial compensation. Without damages, they are not entitled to recover anything from the defendant. These damages could involve medical bills, lost wages, or boat repair expenses.
For a free legal consultation, call (817) 775-5364
When a Plaintiff is Partially at Fault
In many cases, both parties in a boat accident could be responsible to some degree. In Grapevine, a legal theory known as modified comparative negligence determines if a plaintiff that shares in the fault for an accident can recover damages. This theory is also known as proportionate responsibility.
The proportionate responsibility law is found at Texas Civil Practice and Remedies Code Section 33.001. According to the statute, a plaintiff is only barred from recovering compensation if they are more than 50 percent responsible. For plaintiffs with a degree of responsibility below 50 percent, monetary recovery could still be possible. There are still other limitations under this rule, however.
A plaintiff that is partially at fault may not recover their full amount of damages. Under proportionate responsibility, the court must reduce the amount of damages awarded to the plaintiff in proportion to their degree of responsibility.
Grapevine Boat Accident Lawyer Near Me (817) 775-5364
Seek Help from a Grapevine Boat Accident Attorney Today
You have certain rights following a boat accident. If you have been injured due to the actions of another person, you can bring a claim seeking monetary compensation.
Moving forward with these claims can be challenging on your own. Thankfully, you have the right to hire a Grapevine boat accident lawyer to assist you with the litigation process. Call right away to get started on your claim.
Call (817) 775-5364 or complete a Free Case Evaluation form
